Alden v. Jones

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

STATESVILLE DIVISION

CIVIL ACTION NO. 5:19-CV-115-KDB-DCK

CHRISTINE ALDEN, )

)

Plaintiff, )

)

v. ) ORDER

)

REBECCA JONES, Social Worker, Alleghany )

County Dept. of Social Services; LEIA )

CROUSE, Services Supervisor, Alleghany )

County Dept. of Social Services; LISA )

OSBORNE, Director, Alleghany County Dept. )

of Social Services; ROBERT J. CRUMPTON, )

Alleghany County District Court Judge, )

)

Defendants. )

)

THIS MATTER IS BEFORE THE COURT on “Defendant Alleghany County,

Alleghany County Sheriff’s Office, and Alleghany County Department of Social Services’ Motion

To Dismiss Complaint” (Document No. 6) filed October 21, 2019, and the “Motion To Dismiss

On Behalf Of Defendant Robert Crumpton” (Document No. 16) filed November 21, 2019. These

motions have been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b),

and immediate review is appropriate. Having carefully considered the motions, the record, and

applicable authority, the undersigned will direct that the pending motion to dismiss be denied as

moot.

STANDARD OF REVIEW

Federal Rule of Civil Procedure 15 applies to the amendment of pleadings and allows a

party to amend once as a matter of course within 21 days after serving, or “if the pleading is one

to which a responsive pleading is required, 21 days after service of a responsive pleading or 21

days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed.R.Civ.P.

15(a)(1).

DISCUSSION

The Court will accept pro se Plaintiff’s “Amended Complaint” (Document No. 19) as

timely filed pursuant to Fed.R.Civ.P. 15(a)(1)(B). The Amended Complaint supersedes the

original Complaint. As such, the undersigned will direct that “Defendant Alleghany County,

Alleghany County Sheriff’s Office, and Alleghany County Department of Social Services’ Motion

To Dismiss Complaint” (Document No. 6) and the “Motion To Dismiss On Behalf Of Defendant

Robert Crumpton” (Document No. 16) be denied as moot. Defendant(s) may file renewed motions

to dismiss the Amended Complaint, if appropriate.

It is well settled that a timely-filed amended pleading supersedes the original pleading, and

that motions directed at superseded pleadings may be denied as moot. Young v. City of Mount

Ranier, 238 F.3d 567, 573 (4th Cir. 2001) (“The general rule ... is that an amended pleading

supersedes the original pleading, rendering the original pleading of no effect.”); see also, Fawzy

v. Wauquiez Boats SNC, 873 F.3d 451, 455 (4th Cir. 2017) (“Because a properly filed amended

complaint supersedes the original one and becomes the operative complaint in the case, it renders

the original complaint ‘of no effect.’”); Colin v. Marconi Commerce Systems Employees’

Retirement Plan, 335 F.Supp.2d 590, 614 (M.D.N.C. 2004) (“Earlier motions made by Defendants

were filed prior to and have been rendered moot by Plaintiffs’ filing of the Second Amended

Complaint”); Brown v. Sikora and Associates, Inc., 311 Fed.Appx. 568, 572 (4th Cir. Apr. 16,

2008); and Atlantic Skanska, Inc. v. City of Charlotte, 3:07-CV-266-FDW, 2007 WL 3224985 at

*4 (W.D.N.C. Oct. 30, 2007).

CONCLUSION

IT IS, THEREFORE, ORDERED that “Defendant Alleghany County, Alleghany

County Sheriff's Office, and Alleghany County Department of Social Services’ Motion To

Dismiss Complaint” (Document No. 6) is DENIED AS MOOT.

IT IS FURTHER ORDERED that the “Motion To Dismiss On Behalf Of Defendant

Robert Crumpton” (Document No. 16) is DENIED AS MOOT.

SO ORDERED.

Signed: December 4, 2019

David C. Keesler Tw

United States Magistrate Judge et